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The European Court of Human Rights has recently dealt with two applications concerning two sanctions imposed against the television channel C8 by the Conseil supérieur de l’audiovisuel (French audiovisual regulator — CSA) and confirmed by the Conseil d’État, following content broadcast in the programme “Touche pas à mon poste”. In the first of the disputed clips, broadcast on 7 December 2016, the programme’s host had been shown playing a game with one of its female pundits in which, with her eyes closed, her hand had been placed on part of...

The board of the Italian Communications Authority (AGCOM) has agreed, unanimously, to fine Meta Platforms (Meta, which owns Facebook, Instagram, and WhatsApp) EUR 750,000 for the infringement of the gambling advertising prohibition introduced by the "Dignity decree". This is the first fine given by AGCOM to a social media platform (last August, AGCOM adopted its first sanction against the video sharing platform "YouTube", see Iris 2022-8/4). The Authority considered that Meta had conducted a clear infringement of the Italian Law prohibiting the diffusion of advertising...

On 10 January 2023, Ofcom published a call for evidence regarding matters anticipated to be included in their second consultation, scheduled for publication in autumn 2023 on the topic of the protection of children from legal content that is harmful to them. As part of Ofcom’s future role set out by the Online Safety Bill – still at report stage in the House of Commons at the moment of launching the call for evidence – as online safety regulator, Ofcom will publish codes of practice setting out the measures that platforms can take to protect children online and guidance regarding...

The Grand Chamber of the European Court of Human Rights (ECtHR) has delivered a judgment concerning restrictions on literature about same-sex relationships written specifically for children. The ECtHR found that measures taken against a children’s book of fairy tales had intended to limit children’s access to information depicting same-sex relationships as essentially equivalent to different-sex relationships. According to the ECtHR, the fairy tales had not contained sexually explicit content, nor had they promoted same-sex families over others. On the contrary, the fairy tales...

On 13 and 15 July 2022, alleging that minors could access the pornographic websites Pornhub, Tukif, Xhamster, Xnxx and Xvideos simply by stating that they were aged 18 or over, in violation of Article 227-24 of the Penal Code, the president of ARCOM (the French audiovisual and digital communications regulator) summoned numerous Internet access providers to appear before the president of the Tribunal Judiciaire de Paris (Paris judicial court) on the basis of Article 23 of Law no. 2020-936 of 30 July 2020 and asked the court to order them to block access to the sites concerned. During the proceedings,...